[Federal Register: July 17, 2006 (Volume 71, Number 136)]
[Notices]
[Page 40517-40519]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy06-69]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2006-0021; FRL-8198-5]
National Management Measures To Control Nonpoint Source Pollution
From Hydromodification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: EPA is requesting comment on draft technical guidance for
managing nonpoint source pollution from hydromodification. The term
hydromodification refers to an activity that alters the geometry and
physical characteristics of a stream or river in such a way that the
flow patterns change. This guidance is intended to provide technical
assistance to states, territories, authorized tribes, and the public
for managing hydromodification and reducing nonpoint source pollution
of surface and ground water. The guidance provides background
information about nonpoint source pollution from activities associated
with channelization and channel modification, dams, and streambank and
shoreline erosion. It discusses the broad concepts of assessing and
addressing water quality problems on a watershed level, and it presents
up-to-date technical information about how to reduce nonpoint source
pollution from hydromodification. Implementation of the guidance will
result in increased use of scientifically sound, cost-effective
hydromodification management measures, and will support states in their
efforts to implement their Nonpoint Source Control Programs.
DATES: Comments must be received on or before October 16, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2006-0021 by one of the following methods:
--http://www.regulations.gov: Follow the on-line instructions for submitting
comments.
--E-mail: OW-Docket@epa.gov
--Mail: Office of Water Docket, Environmental Protection Agency,
Mailcode: 4101T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460
--Hand Delivery: Office of Water Docket, Environmental Protection
Agency, Public Reading Room, Room B102, EPA West Building, 1301
Constitution Avenue, NW., Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2006-
0021. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov. The
http://www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Office of Water Docket,
Environmental Protection Agency, Public Reading Room, Room B102, EPA
West Building, 1301 Constitution Avenue, NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Office
of Water Docket is (202) 566-2426.
The complete text of the draft guidance is available on EPA's
Internet
[[Page 40518]]
site on the Nonpoint Source Control Branch's homepage at http://www.epa.gov/owow/nps/pubs.html.
Copies of the complete draft guidance
can also be obtained upon request.
FOR FURTHER INFORMATION CONTACT: Chris Solloway, Assessment and
Watershed Protection Division, Office of Water, Mailcode: 4503T,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number (202) 566-1202; fax number (202)
566-1437; e-mail address: Solloway.chris@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Interested Entities
Entities potentially interested in today's notice are those that
manage watersheds potentially affected by hydromodification. Categories
and entities interested in today's notice include:
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Category Examples of interested entities
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State/Local/Tribal Government.......... Water Quality Officials, Public
Land Management Officials,
Association of State and
Interstate Water Pollution
Control Administrators.
Federal Government..................... Army Corps of Engineers,
Natural Resources Conservation
Service (USDA), Forest Service
(USDA), National Oceanic and
Atmospheric Administration,
Department of Transportation.
Non-government organizations........... Resource Management
Associations, Trade Group
Associations, Professional
Associations, Environmental
Groups.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in this
notice. This table lists the types of entities that EPA is aware could
potentially be interested in this notice. Other types of entities not
listed in the table could also be interested.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Background
In 1993, under the authority of section 6217(g) of the Coastal Zone
Act Reauthorization Amendments, EPA issued Guidance Specifying
Management Measures for Sources of Nonpoint Pollution in Coastal
Waters. That guidance document details management measures appropriate
for the control of five categories of nonpoint sources of pollution in
the coastal zone: agriculture, forestry, urban areas, marinas and
recreational boating, and hydromodification. The document also includes
management measures for wetlands, riparian areas, and vegetated
treatment systems because they are important to the abatement of
nonpoint source pollution in coastal waters. States and territories
were required to adopt measures ``in conformity'' with the coastal
management measures guidance for their Coastal Nonpoint Pollution
Control Programs.
State, territory, and tribal water quality assessments continue to
identify nonpoint source pollution as a major cause of degradation in
surveyed waters nationwide. In 1987, Congress enacted section 319 of
the Clean Water Act to establish a national program to control nonpoint
sources of water pollution. Under section 319, states, territories, and
tribes address nonpoint source pollution by assessing the nonpoint
source pollution problems within the state, territory, or tribal lands;
identifying the sources of pollution; and implementing management
programs to control the pollution. Section 319 also authorizes EPA to
award grants to states, territories, and tribes to assist them in
implementing management programs that EPA has approved. Program
implementation includes nonregulatory and regulatory programs,
technical assistance, financial assistance, education, training,
technology transfer, and demonstration projects. In fiscal year 2005,
Congress appropriated and EPA awarded approximately $207 million for
state nonpoint source management program grants.
The 1993 management measures guidance focused on conditions of and
examples from the coastal zone. The draft national management measures
guidance is intended to expand the focus nationwide to provide
technical guidance on effective measures for managing hydromodification
for the abatement of nonpoint source pollution. Although the practices
detailed in the 1993 coastal guidance apply generally to inland areas,
EPA has recognized the utility of developing and publishing technical
guidance that explicitly addresses nonpoint source pollution on a
nationwide basis. Moreover, additional information and examples from
research and experience to date with implementation of the management
measures are available to enrich the national guidance. These changes
have helped to prompt the revision and expansion of the
hydromodification chapter of the 1993 guidance.
[[Page 40519]]
III. Scope of the Draft Hydromodification Guidance--Sources of Nonpoint
Source Pollution Addressed
The draft technical guidance continues to focus on the major
sources of pollution from hydromodification identified for the 1993
coastal guidance by EPA in consultation with a number of other Federal
agencies and other leading national experts, including several experts
from the U.S. Army Corps of Engineers. Specifically, the guidance
identifies management measures for the following:
Channelization and Channel Modification
Physical and Chemical Characteristics of Surface Water
Instream and Riparian Habitat Restoration
Dams
Erosion and Sediment Control
Chemical and Pollutant Control
Protection of Surface Water Quality and Instream and
Riparian Habitat
Streambank and Shoreline Erosion
Eroding Streambanks and Shorelines
IV. Approach Used To Develop Guidance
The draft management measures guidance is based in large part on
the 1993 coastal guidance. The coastal guidance was developed using a
workgroup approach to draw upon technical expertise within other
Federal agencies as well as state water quality and coastal zone
management agencies.
The 1993 text has been expanded to include information on the
application and effectiveness of hydromodification BMPs from recent
research, the cost of installing BMPs, watershed-scale and ecological
impacts of hydromodification activities, and certification programs for
personnel involved in construction and dam removal.
V. Request for Comments
EPA is soliciting comments on the draft guidance on nonpoint source
management measures for hydromodification. The Agency is soliciting
additional information and supporting data on the measures specified in
this guidance and on additional measures that may be as effective or
more effective in controlling nonpoint source pollution from
hydromodification. EPA requests that commenters focus their comments on
the technical soundness of the draft management measures guidance.
Dated: July 6, 2006.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.
[FR Doc. E6-11248 Filed 7-14-06; 8:45 am]
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